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View Information Collection (IC) List
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1205-0509
ICR Reference No:
202204-1205-001
Status:
Active
Previous ICR Reference No:
201812-1205-002
Agency/Subagency:
DOL/ETA
Agency Tracking No:
Title:
H-2B Application for Temporary Employment Certification
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved with change
Conclusion Date:
06/13/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
05/23/2022
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
06/30/2026
36 Months From Approved
06/30/2023
Responses
299,551
0
237,167
Time Burden (Hours)
86,586
0
64,703
Cost Burden (Dollars)
994,413
0
1,227,525
Abstract:
This ICR supports Department of Labor and Department of Homeland Security regulations that contain information collections under the H-2B labor certification program.
Authorizing Statute(s):
PL:
Pub.L. 113 - 76 113
Name of Law: Consolidated Appropriations Act, 2014
US Code:
8 USC 1184(c)
Name of Law: Immigration and Nationality Act
US Code:
8 USC 1011(a)(15)(H)(ii)(b)
Name of Law: Immigration and Nationality Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
87 FR 1787
01/12/2022
30-day Notice:
Federal Register Citation:
Citation Date:
87 FR 31259
05/23/2022
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
4
IC Title
Form No.
Form Name
H-2B Employer Registration
ETA-9155
H-2B Registration
H-2B Employer-Provided Survey Attestation
ETA-9165
Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey
H-2B Program
ETA 9142B
H-2B Application for Temporary Employment Certification
H-2B Seafood Worker Requirements-Attestation Presentation
ETA-9142B
Seafood Attestation
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
299,551
237,167
0
62,384
0
0
Annual Time Burden (Hours)
86,586
64,703
0
21,883
0
0
Annual Cost Burden (Dollars)
994,413
1,227,525
0
-233,112
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The Department proposes modifications to the Form ETA-9142B collection to collect better data for cap-subject and cap-exempt application designations. The data requested on the application should be readily accessible as it is based on the total number of workers entered on the application. Also on the form, the Department proposes to collect an overtime range, in lieu of a single wage for overtime, and expansion of the form section for disclosure of any additional wage details. In terms of Appendix D, the Department proposes to modify the Appendix D collection for completion of the appendix by any joint employer, not just joint employers that function as job contractors. The proposed change to Appendix D affects who completes the form but does not affect the time burden for completion of the form. The Department currently anticipates that the proposed changes to the Form ETA-9142B and Form ETA-9142B, Appendix D, will not have a significant impact on the time burden for completion of each of those forms; however, the Department welcomes comments regarding the estimated burden hours. Under this ICR, the Department estimates the total burden for the ICR and its components to be 3.75 hours.
Annual Cost to Federal Government:
$14,593,731
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Emily St. Onge 202 693-2605 st.onge.emily@dol.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
05/23/2022
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